Lewis and Buchan: Clinical Negligence – A Practical Guide

Lewis and Buchan: Clinical Negligence – A Practical Guide cover


Professional negligence cases are a minefield and clinical negligence cases are no exception.

Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence.
Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses.

The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter.

It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes:

2 in the Supreme Court
36 in the Court of Appeal - Civil Division
226 in the Queen's Bench Division
20+ in the county courts

These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth.

An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide.

“This is a first class book, which provides a scholarly account of clinical negligence law”.
Journal of Professional Negligence (Review of a previous edition)

This title is included in Bloomsbury Professional's Clinical Negligence online service.

Table of Contents

Chapter 1 Introduction
Chapter 2 The structure of the National Health Service in England
Chapter 3 Non legal remedies
Chapter 4 Legal remedies
Chapter 5 The duty of care
Chapter 6 Breach of duty and strict liability
Chapter 7 Causation and damage
Chapter 8 Foreseeability and remoteness
Chapter 9 The proof of negligence
Chapter 10 Consent
Chapter 11 Adults without capacity
Chapter 12 Wrongful birth
Chapter 13 The Congenital Disabilities Act 1976
Chapter 14 Psychiatric injury
Chapter 15 Economic loss
Chapter 16 Product liability in a medical context
Chapter 17 Procedure to service of proceedings
Chapter 18 Procedure from service to trial
Chapter 19 The inquest – the law, procedure and funding
Chapter 20 Limitation
Chapter 21 The medical records
Chapter 22 Experts
Chapter 23 Human rights
Chapter 24 Court of Protection and issues involving capacity
Chapter 25 Wales
Chapter 26 Funding
Chapter 27 Costs
Appendix I Statutes
1 Damages
2 Limitation
3 Congenital Disabilities (Civil Liability) Act 1976
Appendix II Practice Directions and Protocols
1 Practice Direction – Pre-Action Conduct and Protocols
2 Pre-Action Protocol for the Resolution of Clinical Disputes
3 The Pre-action Protocol Form for Requesting Medical Records
Appendix III Directions
Model Directions for Clinical Negligence Cases (2018) – Before Master Yoxall and Master Cook
Appendix IV Common hieroglyphs and abbreviations
Appendix V The Hippocratic oath
Appendix VI Letters of instruction to expert
Appendix VII Example of an agenda for the experts

Product details

Published 30 Sep 2019
Format Paperback
Edition 8th
Extent 952
ISBN 9781526505330
Imprint Bloomsbury Professional
Dimensions 248 x 156 mm
Publisher Bloomsbury Publishing

About the contributors


Andrew Buchan

Andrew Buchan of Cloisters Chambers


Bloomsbury Collections

This book is available on Bloomsbury Collections where your library has access.